Writing Techniques
Depending on the case, you may be asked to provide a written report outlining your findings and opinions. Below are some of the most important techniques to ensure a persuasive and thoughtfully composed expert report.
- Federal Rule 26(a)(2)(B) requires that expert reports contain the expert opinions to be given at trial and the facts or data considered in forming them. The disclosed report must describe experts’ qualifications, prior expert witness engagements, and what their compensation is for the present case. Experts must sign their reports, certifying their truth and accuracy.
- Expect to defend every conclusion you draw with well-reasoned rationale and industry-backed data.
- Persuasive expert reports avoid exaggerated statements and write with a neutral and informative tone.
Read more about writing techniques for expert witness reports here.
Documenting Your Credentials
An essential part of an expert’s report will consist of the expert’s qualifications and credentials. Opposing counsel may use the report to challenge your credibility as an expert or your opinion’s reliability. As such, it’s important to thoroughly document your qualifications. If you’re an expert drafting a report, it is wise to include the following credentials so your expertise is front and center.
- Your report should state your formal educational background, degrees, additional coursework, certifications, licenses, and/or continuing education classes.
- Any research you have conducted that is applicable to the subject of the case as well as any analysis or inspections you have conducted specifically to opine on the case.
- For medical experts, outlining the number, type, or complexity of past procedures conducted can be a useful addition to a medical expert report.
- Highlight any projects or ventures that you may have taken on in your field.
- Go into specifics, such as the day-to-day work you do. This helps provide a greater understanding of your work experience.
- Include any publications, awards, or speaking engagements that specifically touched on topics related to the case.
- Prominently feature the total number of years of experience you have in the industry or practicing experience in your expert report.
Read more about documenting your credentials in an expert report here.
Report Research
Expert witness rules require that expert reports include a statement of all opinions and the basis and reasons for them. This includes all facts and data considered in forming the opinion, among other requirements. When formatting your expert witness report, you should include all pertinent facts and research on which your opinion relies. Things to keep in mind when conducting and documenting research in your expert report include:
- Carefully track and thoroughly document any and all records used to reach an opinion so you can ensure to include those in your report.
- Organize your research documents in a way that is logical and easy to understand.
- Include all types of research used. This may include tests, site inspections, physical examinations, or interviews.
- Use visual representations of data such as tables and charts when necessary to represent research in a more digestible format.
- Include an index.
- Clearly state your methodology (i.e., how did you reach your opinion). When it comes to expert opinions, it’s not just the conclusion that’s most important in the eyes of the court. How the expert reached the opinion is crucial and if not outlined well, can be challenged by the opposing party to undermine your credibility.
Read more about documenting your research in your expert witness report here.
Rebuttal Reports
A rebuttal report analyzes and refutes the positions the opposing expert takes in their expert witness report. A good rebuttal report not only exposes weaknesses in the opposing expert’s conclusions but also reaffirms the strength of the conclusions reached by the rebuttal’s writer in their own expert witness report. Some considerations to ensure a strong rebuttal report include:
- When reading the opposing expert’s report, look to thoroughly understand the arguments, methods, and conclusions presented by the opposing party. Note both areas of weakness and areas of agreement, which can help build your own credibility as a rebuttal source because it demonstrates that you are able to acknowledge similarities rather than merely reacting from bias.
- When reasonable, many experts find benefit in attempting to recreate the opposing expert’s analysis. This process can expose both explicit assumptions and implicit assumptions. Explicit assumptions are typically stated outright—they’re known to the opposing expert and may be factored in as part of the conclusion. Implicit assumptions, however, may not be stated outright. In fact, the opposing expert may not even be aware of them but they nevertheless affect the conclusion.
- Identify any clear, objective errors, such as errors of fact or mistakes in calculation. Such errors do not appear in every expert witness report, but when they do, they provide a clear starting point for discussing weaknesses in the report.
- Focus on any contradictions or inconsistencies in the report.
- Most importantly, avoid contradicting your own work or the client’s position in your rebuttal report.
Read more about writing a rebuttal report here.